Ballard v. Roberson
Supreme Court of South Carolina
1DissentJustice Pleicones
I respectfully dissent. In my view, no oppressive conduct toward a minority shareholder has occurred in this case, and the possibility of future oppression is too remote to justify an equitable remedy.
Pursuant to S.C.Code Ann. § 33 — 14—300(2)(ii) (2006), dissolution of a corporation is appropriate when a court determines that “the directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, fraudulent, oppressive, or unfairly prejudicial ... to any shareholder.” In applying this statute, courts must exercise caution in finding conduct to…
2Cases cited3 opinions
- Masinter v. Webco Co.West Virginia Supreme Court · 1980
- Kiriakides v. Atlas Food Systems & Services, Inc.Supreme Court of South Carolina · 2001
- Cooke v. Fresh Express Foods Corp.Court of Appeals of Oregon · 2000